Ex-BI commissioner asks Sandiganbayan justices to recuse from plunder trial

Former Bureau of Immigration deputy commissioner Al Argosino has asked all magistrates of the Sandiganbayan Sixth Division to recuse from his trial for plunder due to their alleged bias against him.

In his urgent motion for inhibition filed on January 14, Argosino adopted the same motion of his co-accused Michael Robles seeking the recusal of division chairperson Associate Justice Sarah Jane Fernandez. 

Robles had said Fernandez deprived him of his liberty when he and Argosino were held at the division clerk of court despite posting bail for the non-plunder charges last April 10, 2018.

He added his camp learned that Fernandez and retired policeman Wally Sombero's lawyer, Laurence Arroyo, were classmates, therefore the magistrate would be the subject of suspicion regardless of her decision.

Argosino agreed the ties between Arroyo and Fernandez puts clout on the latter's decisions in the case.

"Indeed, the presiding (judge) is placed in a 'damn if you do, damn if you don't' situation, as any action either for the acquittal or conviction of the accused, would necessarily create suspicion," Argosino said.

But aside from Fernandez, Argosino said Associate Justices Karl Miranda and Zaldy Trespeses must also inhibit themselves in the case since the Sixth Division rules as a collegial body.

"All that accused Argosino posits is to have a fair share in the proceedings; accused Argosino is aware that part of the narration of these cases have crufified and judged him publicly, unfairly enough to convict him; His fate is resting upon a supposed unbiased court, to which presently and unfortunately may be lacking in this case," he said.

Argosino, Robles, and Sombero face plunder, graft, direct bribery, and violation of Presidential Decree No. 46 in connection with the P50-million bribery scandal at BI.

The two former BI officials allegedly received P50 the money from Sombero, the middleman of Chinese businessman Jack Lam, in exchange for assistance in the release of 1,316 illegal workers found in Clark, Pampanga in 2016. —Joseph Tristan Roxas/NB, GMA News